Lehrmann’s lawyers to seek judge-only trial in Queensland rape case
By Cloe Read
The legal team for former federal Liberal staffer Bruce Lehrmann will apply to have his Queensland rape allegations heard before a judge-only trial.
Lehrmann was last year committed to stand trial over allegations he raped a woman he met at a Toowoomba nightclub on a drug-fuelled night in 2021.
He was then accused of consoling her before allegedly raping her again.
Bruce Lehrmann leaving the Magistrates Court in Toowoomba in June last year.Credit: Dan Peled / The Sydney Morning Herald
Lehrmann has denied the allegations.
In Toowoomba District Court on Thursday, Crown Prosecutor Caroline Marco told the court there would be three applications made ahead of Lehrmann’s trial.
These included a special witness application and an application about evidence of sexual activity separate to the charges, which Marco said the defence was likely to join. Another application would relate to the Evidence Act, Marco said.
Lehrmann’s defence lawyer, Rowan King, told the court his team would make an application for a judge-only trial.
“There will also be an application in respect to potential protected counselling records,” he said.
King also confirmed they would make an application regarding sexual activities separate to the charges.
The court was previously told at committal in July the complainant agreed there was initial consensual sex between her and Lehrmann, but the two charges related to subsequent acts.
Magistrate Mark Howden previously told the court the woman testified about getting into bed with Lehrmann, the sexual activity that took place, and that both parties had used cocaine.
The Crown’s case is that the complainant never consented to sex without a condom.
Howden said the complainant also testified that she woke to find Lehrmann penetrating her from behind, and telling Lehrmann “stop what you are doing”.
“She goes on to say, ‘I could still feel I was drunk’. She then says it was light in the room, ‘I remember rolling back and putting my arm on him and said ‘stop, what you are doing?’” Howden said in July.
Howden said the woman claimed that “he kept having sex with me while I just lay there”, and said he had ejaculated inside of her.
The prosecution said Lehrmann was consoling her throughout, saying, “it’s OK, it’s OK”.
Lehrmann’s barrister previously told the court the consensual sex between Lehrmann and the women “contextualised” the events that followed, and argued that the complainant had consumed alcohol and cocaine, which affected memory.
His barrister said the pair went to a pharmacy, and when the woman filled out a checklist to explain the need for emergency contraception, she ticked the box “contraceptive failure”, instead of ticking the box that indicated sexual assault.
Judge Dennis Lynch KC adjourned the case to March 27 to hear the applications over a half-day hearing.
Get alerts on significant breaking news as happens. Sign up for our Breaking News Alert.